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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1In this Act

“Advisory Board” Repealed: 2016, c.28, s.89

“all-terrain vehicle” means(véhicule tout-terrain)

(a) an amphibious vehicle,

(b) a utility vehicle,

(c) a side-by-side, and

(d) any other off-road vehicle, other than a motorized snow vehicle, that

(i) operates or travels on three or more tires or has been adapted to operate on four tracks,

(ii) has a seat designed to be straddled by the operator of the vehicle, and

(iii) has handlebars for steering the vehicle;

“all-terrain vehicle managed trail” means the entire groomed or otherwise maintained surface width of a trail, or any portion thereof, that is identified as an all-terrain vehicle managed trail by signage posted or erected in accordance with the requirements established in an agreement made between the Minister of Energy and Resource Development and the all-terrain vehicle trail manager;(sentier géré de véhicules tout-terrain)

“all-terrain vehicle trail manager” means the person or association appointed by the Minister of Energy and Resource Development under subsection 7.8(1);(gestionnaire des sentiers de véhicules tout-terrain)

“all-terrain vehicle trail permit” means(permis d’usage des sentiers de véhicules tout-terrain)

(a) a valid decal issued by the all-terrain vehicle trail manager for the purpose of establishing that the operation of the all-terrain vehicle on which the decal is displayed is permitted on an all-terrain vehicle managed trail, and includes a replacement decal, or

(b) a valid all-terrain vehicle dealer trail permit issued by the all-terrain vehicle trail manager for the purpose of establishing that the operation of the all-terrain vehicle in which the ignition key bearing the all-terrain vehicle dealer trail permit is inserted is permitted on an all-terrain vehicle managed trail, and includes a replacement all-terrain vehicle dealer trail permit;

“amphibious vehicle” means an off-road vehicle that is designed or adapted for operation on both land and water;(véhicule amphibie)

“arterial highway” means a highway classified by the Minister as an arterial highway under the Highway Act;(route de grande communication)

“closed course” means a closed course as defined in the regulations;(circuit fermé)

“collector highway” means a highway classified by the Minister as a collector highway under the Highway Act;(route collectrice)

“Crown Lands” means Crown Lands as defined in the Crown Lands and Forests Act and all other lands vested in Her Majesty in right of the Province;(terres de la Couronne)

“day time” or “day” means one half-hour after sunrise to one half-hour before sunset on the same day and “night time” or “night” means any other time;(journée) ou (jour)

“dealer” means a person licensed under this Act to conduct a business of buying or otherwise acquiring off-road vehicles for the purpose of selling such vehicles to the public;(concessionnaire)

“decal” does not include a motorized snow vehicle trail permit or an all-terrain vehicle trail permit unless otherwise indicated;(décalque d’immatriculation)

“Division” means the Motor Vehicle Division as constituted under the Motor Vehicle Act;(Division)

“Fund” means the Trail Management Trust Fund established under section 39.1;(Fonds)

“groom” means, when used with reference to a trail, to use mechanical equipment to aerate, compact and smooth the snow on the trail;(damer)

“highway” means the entire width between the boundary lines of every street, road, lane, alley, park, parking lot, drive-in theatre, school yard, picnic site, beach, winter road across ice or place when any part thereof is ordinarily used by the general public for the passage or parking of motor vehicles primarily designed for use on a roadway, and includes the bridges thereon;(route)

“managed trail” Repealed: 2003, c.7, s.2

“Minister” means the Minister of Public Safety;(Ministre)

“motorized snow vehicle” means a self-propelled vehicle designed to be driven exclusively on snow or ice;(motoneige)

“motorized snow vehicle managed trail” means the entire groomed surface width of a trail, or any portion thereof, that is identified as a motorized snow vehicle managed trail by signage posted or erected in accordance with the requirements established in an agreement made between the Minister of Tourism, Heritage and Culture and the motorized snow vehicle trail manager;(sentier géré de motoneiges)

“motorized snow vehicle trail manager” means the person or association appointed by the Minister of Tourism, Heritage and Culture under subsection 7.2(1);(gestionnaire des sentiers de motoneiges)

“motorized snow vehicle trail permit” means(permis d’usage des sentiers de motoneiges)

(a) a valid decal issued by the motorized snow vehicle trail manager for the purpose of establishing that the operation of the motorized snow vehicle on which the decal is displayed is permitted on a motorized snow vehicle managed trail, and includes a replacement decal, or

(b) a valid motorized snow vehicle dealer trail permit issued by the motorized snow vehicle trail manager for the purpose of establishing that the operation of the motorized snow vehicle in which the ignition key bearing the motorized snow vehicle dealer trail permit is inserted is permitted on a motorized snow vehicle managed trail, and includes a replacement motorized snow vehicle dealer trail permit;

“motor vehicle” means any self-propelled vehicle;(véhicule à moteur)

“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)

“municipal land” means land, including any water on the surface of the land, that is owned or leased by a municipality;(terre municipale)

“occupant” , in relation to an off-road vehicle, means any person riding in or on the vehicle and any person riding on a conveyance towed by the vehicle, but does not include the operator of the vehicle;(occupant)

“off-road vehicle” means any motor vehicle designed or adapted for off-road use and, without limiting the generality of the foregoing, includes an all-terrain vehicle, a dirt bike, a dune buggy, a motorized snow vehicle or an amphibious vehicle, but does not include any vehicle which is designed for use and is being used in agriculture, forestry, mining or construction, any vehicle registered under the Motor Vehicle Act or any vehicle exempted from the application of this Act by regulation;(véhicule hors route)

“off-road vehicle enforcement officer” means a person appointed under section 2.1;(agent de l’autorité des véhicules hors route)

“operate” , in relation to an off-road vehicle, includes the acts of driving, stopping, parking, pushing or towing the vehicle or leaving the vehicle standing;(conduire)

“owner” , in relation to an off-road vehicle, means the legal owner and includes a purchaser under an agreement for the sale of an off-road vehicle under which the seller retains title to, or any other security interest in, the off-road vehicle;(propriétaire)

“peace officer” means(agent de la paix)

(a) a member of the Royal Canadian Mounted Police,

(b) a police officer appointed pursuant to the Police Act,

(b.01) an off-road vehicle enforcement officer;

(b.1) Repealed: 1988, c.67, s.2

(c) a park warden appointed under the Parks Act,

(d) a conservation officer appointed under the Fish and Wildlife Act, and

(e) a fishery officer appointed under the Fisheries Act, chapter F-14 of the Revised Statutes of Canada, 1970;

“private land” means land, including any water on the surface of the land, but not including Crown Lands and municipal land;(terre privée)

“Registrar” means the Registrar of Motor Vehicles and includes the Deputy Registrar of Motor Vehicles and an Acting Registrar of Motor Vehicles;(registraire)

“roadway” means that portion of any road, street, lane or alley designed, improved or ordinarily used for vehicular travel by the general public.(chaussée)

“side-by-side” means an off-road vehicle, other than a dune buggy, with side-by-side seating for the operator and at least one passenger that has a steering wheel, at least four driving wheels and a net mass of not more than 700 kg; (véhicule biplace côte à côte)

“trail manager” Repealed: 2003, c.7, s.2

“trail permit” Repealed: 2003, c.7, s.2

“utility vehicle” means an off-road vehicle that is designed for operation over rough terrain and (véhicule utilitaire)

(a) has at least four wheels and seating for at least two persons,

(b) has an engine displacement of at most 1000 cm3, a maximum engine brake power of at most 30 kW and a maximum vehicle speed of at least 40 km/h, and

(c) has either a rear payload of at least 159 kg or seating for at least six passengers.

1987, c.N-5.2, s.19; 1988, c.67, s.2; 1994, c.50, s.1; 2000, c.26, s.16; 2000, c.50, s.1; 2003, c.7, s.2, 27; 2004, c.12, s.50; 2004, c.20, s.42; 2005, c.7, s.56; 2007, c.42, s.1; 2007, c.53, s.1; 2012, c.39, s.104; 2012, c.52, s.37; 2013, c.33, s.1; 2016, c.28, s.89; 2016, c.37, s.127; 2017, c.20, s.124; 2019, c.2, s.104

Duties of Registrar

2The Registrar shall act under the instructions of the Minister and Deputy Minister and has general supervision over all matters relating to off-road vehicles in the Province, other than those matters provided for in sections 7.1 to 7.92 and those matters otherwise relating to motorized snow vehicle trail permits, all-terrain vehicle trail permits, motorized snow vehicle managed trails and all-terrain vehicle managed trails, and shall perform such duties as are assigned to the Registrar by this Act, by the Lieutenant-Governor in Council or by the Minister or Deputy Minister.

2000, c.50, s.2; 2003, c.7, s.3

Appointment of off-road vehicle enforcement officers

2.1(1)The Minister may appoint any person employed under the Civil Service Act to be an off-road vehicle enforcement officer for the purposes of this Act.

2.1(2)A document in writing signed by the Minister stating that the person named in the document has been appointed as an off-road vehicle enforcement officer shall, without proof of the authority, appointment or signature of the Minister, be accepted by all courts as conclusive proof that the person has been appointed to the office that he or she is stated to hold and the person in possession of such document shall, upon proof that his or her name is the same as the person named therein, be deemed to be the person named therein.

2.1(3)Every off-road vehicle enforcement officer in carrying out his or her duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code (Canada).

2007, c.53, s.2

Registration of vehicles

3(1)No owner of an off-road vehicle shall drive it or permit it to be driven unless

(a) the vehicle is registered in the owner’s name under subsection (2) and the registration is not suspended under this Act,

(b) a valid clearly visible number plate or decal issued under paragraph (3)(a) is securely mounted in a conspicuous position

(i) if the vehicle is a motorized snow vehicle, on the snow flaps of the vehicle; and

(ii) if the vehicle is an all-terrain vehicle, on the rear of the vehicle, or

(c) if it is a motorized snow vehicle, it is covered by a motor vehicle liability insurance policy providing the insurance referred to in sections 243 and 264 of the Insurance Act, and

(d) if it is an all-terrain vehicle, it is covered by a motor vehicle liability insurance policy providing the insurance referred to in sections 243 and 264 of the Insurance Act.

3(2)The Registrar may, upon application, register an off-road vehicle in the name of its owner if the owner

(a) is sixteen years of age or older,

(b) produces, if the vehicle is a motorized snow vehicle to which paragraph (1)(c) applies or an all-terrain vehicle to which paragraph (1)(d) applies, evidence satisfactory to the Registrar that the vehicle is covered by an insurance policy required under paragraph (1)(c) or (d), as the case may be, and

(c) has paid the fee prescribed by regulation.

3(3)Upon registering an off-road vehicle, the Registrar shall

(a) issue to the owner of the vehicle a number plate or decal, and a numbered registration certificate that describes the particulars of the vehicle and states that the vehicle is registered under this Act, and

(b) record the name and address of the owner together with the number of the registration certificate.

3(4)Subsection (1) does not apply to off-road vehicles, other than motorized snow vehicles or all-terrain vehicles, that are owned by manufacturers or dealers of such vehicles, are kept for sale and not for renting or leasing and are only operated for demonstration or testing purposes.

3(5)Paragraphs (1)(a) and (b) do not apply to motorized snow vehicles that are owned by manufacturers or dealers of such vehicles, are kept for sale and not for renting or leasing and are only operated for demonstration or testing purposes.

3(5.1)Paragraphs (1)(a) and (b) do not apply to all-terrain vehicles that are owned by manufacturers or dealers of such vehicles, are kept for sale and not for renting or leasing and are only operated for demonstration or testing purposes.

3(6)Paragraphs (1)(a) and (b) do not apply to an off-road vehicle that is

(a) owned by a resident of another jurisdiction, if the vehicle has attached to it a valid number plate or decal provided by the appropriate authority of the other jurisdiction,

(b) owned by a resident of another jurisdiction in which the registration of such a vehicle is not required by law, or

(c) used exclusively in connection with special off-road vehicle events of limited duration conducted in accordance with a pre-arranged schedule and with permission granted by the appropriate governmental authority.

3(7)Paragraph (1)(c) does not apply to a motorized snow vehicle that is operated exclusively on land owned by the operator of the vehicle.

3(8)Paragraph (1)(d) does not apply to an all-terrain vehicle that is operated exclusively on land owned by the operator of the vehicle.

1986, c.9, s.1; 1997, c.36, s.1; 2003, c.7, s.4; 2013, c.33, s.2

Liability insurance card to be carried

3.1No person shall operate an off-road vehicle that is required to be insured under this Act unless a valid motor vehicle liability insurance card issued by an insurer in respect of that off-road vehicle is being carried in the off-road vehicle or by the operator of the off-road vehicle.

2007, c.53, s.3

Onus respecting proof of insurance

3.2In any prosecution under paragraph 3(1)(c) or (d) or section 3.1, the onus of establishing that an off-road vehicle was not required to be insured under this Act or that the off-road vehicle was covered by a policy of insurance as required by this Act is on the accused.

2007, c.53, s.3

Transfer of vehicle

4(1)No person shall sell or transfer an off-road vehicle unless it is registered under subsection 3(2).

4(2)Upon any transfer of the ownership of an off-road vehicle, the transferor and the transferee shall immediately complete and sign the notice of transfer form attached to the registration certificate for such vehicle, and the transferor shall immediately forward the form to the Registrar.

1993, c.45, s.1; 2003, c.7, s.27

Refusal to register by Registrar

5The Registrar shall refuse to register any off-road vehicle where

(a) he has reasonable grounds to believe that the vehicle is stolen,

(b) taxes owing under the Harmonized Sales Tax Act have not been paid in respect of the vehicle, or

(c) the registration of the vehicle is suspended under this Act.

1997, c.H-1.01, s.51; 2003, c.7, s.27; 2012, c.36, s.7

Change of address of vehicle owner

6The owner of a registered off-road vehicle shall notify the Registrar in writing of any change in address within ten days thereafter.

2003, c.7, s.27

Production of records and Registrar’s certificate

7(1)The Registrar may prepare a certified copy of any record of the Division if its production is not regarded by the Minister as being contrary to public interest.

7(2)Any document purporting to be a certified copy of a record of the Division, and purporting to be signed by the Registrar, shall be received as evidence of the contents thereof by any court in the Province without proof of the signature thereon.

7(3)The Registrar may prepare a certificate

(a) that an off-road vehicle is, or was on a date therein stated, registered in the name of a person therein stated,

(b) that the registration of any off-road vehicle has been suspended or has expired, and that such suspension or expiry continued up to a date therein stated,

(c) that an off-road vehicle is, or was on a date therein stated, not registered under this Act,

and any such certificate purporting to be signed by the Registrar shall be

(d) received in evidence by any court in the Province without proof of the signature thereon,

(e) prima facie evidence of the facts stated therein, and

(f) in respect of the hearing of an information for a violation of this Act, the regulations or any local by-law, prima facie evidence that the person named therein is the accused.

2003, c.7, s.27

Motorized snow vehicle managed trails

7.1(1)Subject to subsection (2), no person shall operate a motorized snow vehicle on a motorized snow vehicle managed trail unless

(a) a motorized snow vehicle trail permit that is a decal is permanently attached to and conspicuously displayed

(i) if the motorized snow vehicle has a windshield, approximately centre at the bottom of the windshield; and

(ii) if the motorized snow vehicle does not have a windshield, on the left side of the front of the cowling of the vehicle, or

(b) a motorized snow vehicle dealer trail permit is attached to the ignition key inserted in the ignition of the motorized snow vehicle.

7.1(2)Subsection (1) does not apply to a person operating a motorized snow vehicle on land that is owned or lawfully occupied by the person or by a member of the immediate family of the person.

7.1(3)Subject to subsection (4), no person shall operate a motor vehicle, other than a motorized snow vehicle operated in accordance with this Act, on a motorized snow vehicle managed trail from December 1 to the next following April 15, inclusive.

7.1(4)Subsection (3) does not apply to a person

(a) operating a motor vehicle

(i) on behalf of the motorized snow vehicle trail manager in the course of carrying out any duty or exercising any power given to the motorized snow vehicle trail manager under this Act, or

(ii) on private land that is owned or lawfully occupied by the person or by a member of the immediate family of the person, while crossing a motorized snow vehicle managed trail that divides that land in order to move the motor vehicle from one portion of that land directly to the other portion, in accordance with a written consent under paragraph 7.4(1)(a), or

(b) operating an off-road vehicle that is not a motorized snow vehicle on a bridge, overpass, underpass or roadway or railway crossing, on the access to any of them or to services, or in an emergency, on a motorized snow vehicle managed trail in accordance with written authority given by the motorized snow vehicle trail manager under paragraph 7.2(3)(n).

2000, c.50, s.3; 2003, c.7, s.5; 2013, c.33, s.3

Motorized snow vehicle trail manager

7.2(1)The Minister of Tourism, Heritage and Culture may appoint a person or an association as a motorized snow vehicle trail manager.

7.2(2)The motorized snow vehicle trail manager is not an agent of the Crown in right of the Province.

7.2(3)The Minister of Tourism, Heritage and Culture may enter into an agreement with the motorized snow vehicle trail manager, which may include provisions

(a) authorizing the motorized snow vehicle trail manager to receive and process applications for motorized snow vehicle trail permits and to issue and replace motorized snow vehicle trail permits,

(b) authorizing the motorized snow vehicle trail manager to determine the form and manner in which applications for motorized snow vehicle trail permits are made, to determine the form of, manner of issuance of and classes of motorized snow vehicle trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of motorized snow vehicle trail permits and to establish the period of validity of classes of motorized snow vehicle trail permits,

(c) authorizing the motorized snow vehicle trail manager to establish fees annually, with the written approval of the Minister of Tourism, Heritage and Culture, for the issuance and replacement of motorized snow vehicle trail permits, which fees may vary according to the class of motorized snow vehicle trail permit and according to the date of issuance,

(d) authorizing the motorized snow vehicle trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),

(e) authorizing the motorized snow vehicle trail manager to establish guidelines upon which persons or classes of persons may be exempted from the requirement to pay any fee established under paragraph (c),

(f) authorizing the motorized snow vehicle trail manager to issue a motorized snow vehicle trail permit, without payment of a fee established under paragraph (c), to any person who is exempt from payment of the fee,

(g) authorizing the motorized snow vehicle trail manager to allocate and distribute the funds derived from fees established under paragraph (c) in accordance with the guidelines set out in the agreement,

(h) authorizing and requiring the motorized snow vehicle trail manager to supervise, construct, maintain by grooming or otherwise, administer, control and operate motorized snow vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near motorized snow vehicle managed trails in accordance with any guidelines or requirements that may be set out in the agreement,

(i) establishing the standards to be met for signage to be posted, erected or maintained on and removed from motorized snow vehicle managed trails,

(j) establishing the kind, term, amount and form of liability insurance that the motorized snow vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Tourism, Heritage and Culture and establishing which persons or associations are to be insured, the manner of disposition of the proceeds of the insurance and any other matter in relation to the insurance,

(k) establishing requirements to be met by the motorized snow vehicle trail manager and any person or association acting on behalf of the motorized snow vehicle trail manager in relation to the keeping of records and other information and in relation to the submission of reports and other information to the Minister of Tourism, Heritage and Culture,

(l) establishing requirements for accounting by the motorized snow vehicle trail manager and by any person or association acting on behalf of the motorized snow vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the motorized snow vehicle trail manager under this Act,

(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Tourism, Heritage and Culture, of the financial statements of the motorized snow vehicle trail manager and of any person or association acting on behalf of the motorized snow vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the motorized snow vehicle trail manager under this Act,

(n) authorizing the motorized snow vehicle trail manager to give to associations of operators of off-road vehicles and their members, written authority to operate an off-road vehicle, other than a motorized snow vehicle, on a bridge, overpass, underpass or roadway or railway crossing, on the access to any of them or to services, or in an emergency, on a motorized snow vehicle managed trail in accordance with any conditions set out in the written authority,

(o) establishing the circumstances under which the Minister of Tourism, Heritage and Culture or the motorized snow vehicle trail manager may suspend or cancel the agreement,

(p) authorizing the motorized snow vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the motorized snow vehicle trail manager under paragraphs (a), (d), (f) and (h), and

(q) setting out any other duty or power of the motorized snow vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the motorized snow vehicle trail manager to subdelegate that duty or power to another person or association.

7.2(4)Fees received and retained under a valid agreement made under this section by the motorized snow vehicle trail manager or a person or association acting on behalf of the motorized snow vehicle trail manager in relation to the issuance or replacement of motorized snow vehicle trail permits are not public money for the purposes of the Financial Administration Act.

7.2(5)Notwithstanding any other provision of this Act, at any time when no motorized snow vehicle trail manager is appointed and at any time when there is no valid agreement made with the motorized snow vehicle trail manager under this section, the Minister of Tourism, Heritage and Culture or a person designated to act on behalf of that Minister may, in that Minister’s or designate’s absolute discretion, execute any of the duties or exercise any of the powers that are given or may be given to the motorized snow vehicle trail manager under this Act.

2000, c.50, s.3; 2003, c.7, s.6; 2012, c.39, s.104; 2012, c.52, s.37

Signs on motorized snow vehicle managed trails

7.3(1)A motorized snow vehicle trail manager or a person or association acting on behalf of the motorized snow vehicle trail manager may post, erect or maintain signs on trails or may remove them in order to identify motorized snow vehicle managed trails and to administer, control and operate the motorized snow vehicle managed trails.

7.3(2)The signs shall be in conformity with, and shall be posted, erected, maintained and removed in conformity with, the agreement made between the Minister of Tourism, Heritage and Culture and the motorized snow vehicle trail manager under subsection 7.2(3).

7.3(3)No person shall tear down, remove, damage, cover, deface or alter a sign posted or erected under subsection (1) unless doing so under the authority of subsection (1).

7.3(4)No person shall operate a motorized snow vehicle on a motorized snow vehicle managed trail in contravention of a sign posted or erected under subsection (1).

7.3(5)Repealed: 2003, c.7, s.7

2000, c.50, s.3; 2003, c.7, s.7; 2012, c.39, s.104; 2012, c.52, s.37

Location of motorized snow vehicle managed trails

7.4(1)No motorized snow vehicle trail manager and no person or association acting on behalf of the motorized snow vehicle trail manager shall groom a motorized snow vehicle managed trail, identify a trail as a motorized snow vehicle managed trail by posting or erecting signs or otherwise administer, control or operate a motorized snow vehicle managed trail

(a) on private land, unless the motorized snow vehicle trail manager has first obtained the written consent or verbal consent of the person entitled to withhold consent with respect to the land on which the trail is situated, authorizing the use of the trail as a motorized snow vehicle managed trail,

(b) on municipal land, unless the motorized snow vehicle trail manager has first obtained the written consent of the municipality that owns or leases the land, authorizing the use of the trail as a motorized snow vehicle managed trail,

(c) on Crown Lands, unless the motorized snow vehicle trail manager has first obtained a lease, a licence of occupation issued under the Crown Land and Forests Act or a licence granted under the Parks Act from the Crown in right of the Province, authorizing the use of the trail as a motorized snow vehicle managed trail, and

(d) on a highway as defined under the Highway Act, unless the motorized snow vehicle trail manager has first obtained a highway usage permit under that Act, authorizing the use of the highway or any part of it as a motorized snow vehicle managed trail.

7.4(1.1)No motorized snow vehicle trail manager and no person or association acting on behalf of the motorized snow vehicle trail manager shall construct a motorized snow vehicle managed trail within 25 metres of a private residence unless the motorized snow vehicle trail manager or person or association acting on behalf of the motorized snow vehicle trail manager has first obtained the written consent or verbal consent of the person entitled to withhold consent with respect to the land on which the private residence is situated.

7.4(2)The written consent or lease, as the case may be, shall include

(a) terms establishing the rights and obligations of the consenting party or the Crown in right of the Province, as the case may be, in relation to withdrawal of the consent or cancellation of the lease, and any rights and obligations of the parties where the consent is withdrawn or the lease is cancelled, and

(b) a description of any other conditions that apply to either party in relation to the consent or lease.

7.4(3)Terms and conditions referred to in subsection (2) may vary as between different written consents or leases.

7.4(4)A verbal consent referred to in this section shall be witnessed by at least two persons acting on behalf of the motorized snow vehicle trail manager and verified by both by affidavit.

7.4(5)An affidavit referred to in subsection (4) shall include

(a) a description of any conditions that apply to either party in relation to the verbal consent, and

(b) the name of the person entitled to withhold consent with respect to the land on which the trail is to be situated and the date and time the consent was given.

7.4(6)The motorized snow vehicle trail manager or person acting on behalf of the motorized snow vehicle trail manager shall immediately forward a copy of the affidavit, or any amendment made to the affidavit, to the Registrar.

7.4(7)The verbal consent may be amended or withdrawn upon reasonable notice.

2000, c.50, s.3; 2003, c.7, s.8; 2013, c.33, s.4

Liability re motorized snow vehicle managed trails

7.5(1)The motorized snow vehicle trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Tourism, Heritage and Culture and the motorized snow vehicle trail manager under subsection 7.2(3).

7.5(2)No action or other proceeding lies or shall be commenced against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from a person using, operating, riding or being towed by a motorized snow vehicle on a motorized snow vehicle managed trail.

7.5(3)Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation under subsection (2) or an employee, officer or agent of any of them in circumstances where the owner, occupier or municipality, Her Majesty in right of the Province, the Minister of the Crown in right of the Province, the person or body or class of person or body or the employee, officer or agent, as the case may be,

(a) creates or has created a danger on a motorized snow vehicle managed trail with the deliberate intention of doing harm or damage to the person or the person’s property,

(b) does or has done a wilful act with reckless disregard for the presence of the person or the person’s property on a motorized snow vehicle managed trail, or

(c) is negligent while using, operating, riding or being towed by a motorized snow vehicle on a motorized snow vehicle managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding or being towed by a motorized snow vehicle on a motorized snow vehicle managed trail.

7.5(4)No action or other proceeding lies or shall be commenced against Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them

(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the motorized snow vehicle trail manager under this Act or subdelegated by the motorized snow vehicle trail manager to another person or association under this Act, or

(b) in respect of any tort committed by the motorized snow vehicle trail manager, a subdelegate of the motorized snow vehicle trail manager or an employee or agent of the motorized snow vehicle trail manager or subdelegate in relation to a duty or power delegated or given to the motorized snow vehicle trail manager under this Act or subdelegated by the motorized snow vehicle trail manager to another person or association under this Act.

2000, c.50, s.3; 2003, c.7, s.9; 2009, c.59, s.1; 2012, c.39, s.104; 2012, c.52, s.37

Interpretation re signs on motorized snow vehicle managed trails

7.6For all purposes of this Act, the regulations under this Act and an agreement made under subsection 7.2(3) of this Act, including, without restricting the foregoing, for the purposes of any prosecution or other proceeding under this Act or the regulations, in or on any permit, notice or other document issued, replaced or given or any sign posted or erected on or before July 1, 2001, a reference to “permis de sentier” shall be deemed to be a reference to “permis d’usage des sentiers”.

2000, c.50, s.3

All-terrain vehicle managed trails

7.7(1)Subject to subsection (2), no person shall operate an all-terrain vehicle on an all-terrain vehicle managed trail unless

(a) an all-terrain vehicle trail permit that is a decal is permanently attached to and conspicuously displayed on the all-terrain vehicle, or

(b) an all-terrain vehicle dealer trail permit is attached to the ignition key inserted in the ignition of the all-terrain vehicle.

7.7(2)Subsection (1) does not apply to a person operating an all-terrain vehicle on land that is owned or lawfully occupied by the person or by a member of the immediate family of the person.

2003, c.7, s.10

All-terrain vehicle managed trails

7.8(1)The Minister of Energy and Resource Development may appoint a person or an association as an all-terrain vehicle trail manager.

7.8(2)The all-terrain vehicle trail manager is not an agent of the Crown in right of the Province.

7.8(3)The Minister of Energy and Resource Development may enter into an agreement with the all-terrain vehicle trail manager, which may include provisions

(a) authorizing the all-terrain vehicle trail manager to receive and process applications for all-terrain vehicle trail permits and to issue and replace all-terrain vehicle trail permits,

(b) authorizing the all-terrain vehicle trail manager to determine the form and manner in which applications for all-terrain vehicle trail permits are made, to determine the form of, manner of issuance of and classes of all-terrain vehicle trail permits, to establish conditions that apply in relation to the issuance, holding, replacement and use of all-terrain vehicle trail permits and to establish the period of validity of classes of all-terrain vehicle trail permits,

(c) authorizing the all-terrain vehicle trail manager to establish fees annually, with the written approval of the Minister of Energy and Resource Development, for the issuance and replacement of all-terrain vehicle trail permits, which fees may vary according to the class of all-terrain vehicle trail permit and according to the date of issuance,

(d) authorizing the all-terrain vehicle trail manager to receive and retain for the purposes set out in the agreement the fees established under paragraph (c),

(e) authorizing the all-terrain vehicle trail manager to establish guidelines upon which persons or classes of persons may be exempted from the requirement to pay any fee established under paragraph (c),

(f) authorizing the all-terrain vehicle trail manager to issue an all-terrain vehicle trail permit, without payment of a fee established under paragraph (c), to any person who is exempt from payment of the fee,

(g) authorizing the all-terrain vehicle trail manager to allocate and distribute the funds derived from fees established under paragraph (c) in accordance with the guidelines set out in the agreement,

(h) authorizing and requiring the all-terrain vehicle trail manager to supervise, construct, groom or otherwise maintain, administer, control and operate all-terrain vehicle managed trails and construct buildings and structures and operate concessions, outlets, shelters and other services on or near all-terrain vehicle managed trails in accordance with any guidelines or requirements that may be set out in the agreement,

(i) establishing the standards to be met for signage to be posted, erected or maintained on and removed from all-terrain vehicle managed trails,

(j) establishing the kind, term, amount and form of liability insurance that the all-terrain vehicle trail manager is required to carry and maintain, requiring the approval of the identity of the insurer by the Minister of Energy and Resource Development and establishing which persons or associations are to be insured, the manner of disposition of the proceeds of the insurance and any other matter in relation to the insurance,

(k) establishing requirements to be met by the all-terrain vehicle trail manager and any person or association acting on behalf of the all-terrain vehicle trail manager in relation to the keeping of records and other information and in relation to the submission of reports and other information to the Minister of Energy and Resource Development,

(l) establishing requirements for accounting by the all-terrain vehicle trail manager and by any person or association acting on behalf of the all-terrain vehicle trail manager in relation to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,

(m) establishing requirements in relation to auditing, by an auditor approved by the Minister of Energy and Resource Development, of the financial statements of the all-terrain vehicle trail manager and of any person or association acting on behalf of the all-terrain vehicle trail manager that relate to the execution of the duties or the exercise of the powers given to the all-terrain vehicle trail manager under this Act,

(n) authorizing the all-terrain vehicle trail manager to give to associations of operators of off-road vehicles and their members, written authority to operate an off-road vehicle, other than an all-terrain vehicle, on a bridge, overpass, underpass or roadway or railway crossing, on the access to any of them or to services, or in an emergency, on an all-terrain vehicle managed trail in accordance with any conditions set out in the written authority,

(o) establishing the circumstances under which the Minister of Energy and Resource Development or the all-terrain vehicle trail manager may suspend or cancel the agreement,

(p) authorizing the all-terrain vehicle trail manager to subdelegate to another person or association any of the duties or powers given to the all-terrain vehicle trail manager under paragraphs (a), (d), (f) and (h), and

(q) setting out any other duty or power of the all-terrain vehicle trail manager that is prescribed by regulation for the purposes of this subsection and, where the regulations so provide, authorizing the all-terrain vehicle trail manager to subdelegate that duty or power to another person or association.

7.8(4)Fees received and retained under a valid agreement made under this section by the all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager in relation to the issuance or replacement of all-terrain vehicle trail permits are not public money for the purposes of the Financial Administration Act.

7.8(5)Notwithstanding any other provision of this Act, at any time when no all-terrain vehicle trail manager is appointed and at any time when there is no valid agreement made with the all-terrain vehicle trail manager under this section, the Minister of Energy and Resource Development or a person designated to act on behalf of that Minister may, in that Minister’s or designate’s absolute discretion, execute any of the duties or exercise any of the powers that are given or may be given to the all-terrain vehicle trail manager under this Act.

2003, c.7, s.10; 2004, c.20, s.42; 2004, c.20, s.43; 2016, c.37, s.127

All-terrain vehicle managed trails

7.9(1)An all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager may post, erect or maintain signs on trails or may remove them in order to identify managed all-terrain vehicle trails and to administer, control and operate the all-terrain vehicle managed trails.

7.9(2)The signs shall be in conformity with, and shall be posted, erected, maintained and removed in conformity with, the agreement made between the Minister of Energy and Resource Development and the all-terrain vehicle trail manager under subsection 7.8(3).

7.9(3)No person shall tear down, remove, damage, cover, deface or alter a sign posted or erected under subsection (1) unless doing so under the authority of subsection (1).

7.9(4)No person shall operate an all-terrain vehicle on an all-terrain vehicle managed trail in contravention of a sign posted or erected under subsection (1).

2003, c.7, s.10; 2004, c.20, s.42; 2016, c.37, s.127

Location of all-terrain vehicle managed trails

7.91(1)No all-terrain vehicle trail manager and no person or association acting on behalf of the all-terrain vehicle trail manager shall groom or otherwise maintain an all-terrain vehicle managed trail, identify a trail as an all-terrain vehicle managed trail by posting or erecting signs or otherwise administer, control or operate an all-terrain vehicle managed trail

(a) on private land, unless the all-terrain vehicle trail manager has first obtained the written consent or verbal consent of the person entitled to withhold consent with respect to the land on which the trail is situated, authorizing the use of the trail as an all-terrain vehicle managed trail,

(b) on municipal land, unless the all-terrain vehicle trail manager has first obtained the written consent of the municipality that owns or leases the land, authorizing the use of the trail as an all-terrain vehicle managed trail,

(c) on Crown Lands, unless the all-terrain vehicle trail manager has first obtained a lease, a licence of occupation issued under the Crown Land and Forests Act or a licence granted under the Parks Act from the Crown in right of the Province, authorizing the use of the trail as an all-terrain vehicle managed trail, and

(d) on a highway as defined under the Highway Act, unless the all-terrain vehicle trail manager has first obtained a highway usage permit under that Act, authorizing the use of the highway or any part of it as an all-terrain vehicle managed trail.

7.91(1.1)No all-terrain vehicle trail manager and no person or association acting on behalf of the all-terrain vehicle trail manager shall construct an all-terrain vehicle managed trail within 25 metres of a private residence unless the all-terrain vehicle trail manager or person or association acting on behalf of the all-terrain vehicle trail manager has first obtained the written consent or verbal consent of the person entitled to withhold consent with respect to the land on which the private residence is situated.

7.91(2)The written consent or lease, as the case may be, shall include

(a) terms establishing the rights and obligations of the consenting party or the Crown in right of the Province, as the case may be, in relation to withdrawal of the consent or cancellation of the lease, and any rights and obligations of the parties where the consent is withdrawn or the lease is cancelled, and

(b) a description of any other conditions that apply to either party in relation to the consent or lease.

7.91(3)Terms and conditions referred to in subsection (2) may vary as between different written consents or leases.

7.91(4)A verbal consent referred to in this section shall be witnessed by at least two persons acting on behalf of the all-terrain vehicle trail manager and verified by both persons by affidavit.

7.91(5)An affidavit referred to in subsection (4) shall include

(a) a description of any conditions that apply to either party in relation to the verbal consent, and

(b) the name of the person entitled to withhold consent with respect to the land on which the trail is to be situated and the date and time the consent was given.

7.91(6)The all-terrain vehicle trail manager or person or association acting on behalf of the all-terrain vehicle trail manager shall immediately forward a copy of the affidavit, or any amendment made to the affidavit, to the Registrar.

7.91(7)The verbal consent may be amended or withdrawn upon reasonable notice.

2003, c.7, s.10; 2013, c.33, s.5

All-terrain vehicle managed trails

7.92(1)The all-terrain vehicle trail manager shall carry and maintain liability insurance in conformity with the requirements established in the agreement made between the Minister of Energy and Resource Development and the all-terrain vehicle trail manager under subsection 7.8(3).

7.92(2)No action or other proceeding lies or shall be commenced against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation or an employee, officer or agent of any of them for any injury, loss or damage suffered as a result of, arising out of or stemming from a person using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.

7.92(3)Subsection (2) does not apply to an action or other proceeding against an owner or occupier of land, a municipality, Her Majesty in right of the Province, a Minister of the Crown in right of the Province, another person or body or class of person or body prescribed by regulation under subsection (2) or an employee, officer or agent of any of them in circumstances where the owner, occupier or municipality, Her Majesty in right of the Province, the Minister of the Crown in right of the Province, the person or body or class of person or body or the employee, officer or agent, as the case may be,

(a) creates or has created a danger on an all-terrain vehicle managed trail with the deliberate intention of doing harm or damage to the person or the person’s property,

(b) does or has done a wilful act with reckless disregard for the presence of the person or the person’s property on an all-terrain vehicle managed trail, or

(c) is negligent while using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail or is negligent in failing to oversee properly an employee, officer or agent who is using, operating, riding or being towed by an all-terrain vehicle on an all-terrain vehicle managed trail.

7.92(4)No action or other proceeding lies or shall be commenced against Her Majesty in right of the Province, any Minister of the Crown in right of the Province or an employee, officer or agent of any of them

(a) in respect of any act done or omitted to be done in good faith in the execution or the intended execution of a duty or in the exercise or the intended exercise of a power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act, or

(b) in respect of any tort committed by the all-terrain vehicle trail manager, a subdelegate of the all-terrain vehicle trail manager or an employee or agent of the all-terrain vehicle trail manager or subdelegate in relation to a duty or power delegated or given to the all-terrain vehicle trail manager under this Act or subdelegated by the all-terrain vehicle trail manager to another person or association under this Act.

2003, c.7, s.10; 2004, c.20, s.42; 2009, c.59, s.2; 2016, c.37, s.127

Expiry of registration certificates, etc

8Unless otherwise provided by the regulations, registration certificates, number plates and decals expire at midnight on the thirty-first day of December next following the date of issuance.

Prohibitions regarding registration certificates, etc

9(1)No person shall deface or alter a number plate, decal, registration certificate, motorized snow vehicle trail permit or all-terrain vehicle trail permit issued under this Act.

9(2)No person shall manufacture a fraudulent number plate, decal, registration certificate, motorized snow vehicle trail permit or all-terrain vehicle trail permit.

9(3)No owner of an off-road vehicle shall use or allow the use of a defaced, altered or fraudulent number plate, decal, registration certificate, motorized snow vehicle trail permit or all-terrain vehicle trail permit in connection with the vehicle.

2000, c.50, s.4; 2003, c.7, s.11

Number plate

10Every number plate issued under this Act is the property of the Crown.

False statements

11No person shall knowingly make a false statement of fact in any application, declaration, affidavit or other document required under this Act, including documents required by

(a) the motorized snow vehicle trail manager or a person or association acting on behalf of the motorized snow vehicle trail manager under this Act or under an agreement made under subsection 7.2(3), or

(b) the all-terrain vehicle trail manager or a person or association acting on behalf of the all-terrain vehicle trail manager under this Act or under an agreement made under subsection 7.8(3).

2000, c.50, s.5; 2003, c.7, s.12

Licensing of dealers

12(1)No person shall conduct the business of buying or otherwise acquiring off-road vehicles for the purpose of selling such vehicles to the public unless he is licensed as a dealer under this Act.

12(2)A dealer licensed under this Act shall not deal in vehicles registrable under the Motor Vehicle Act unless he is also licensed as a dealer under the Motor Vehicle Act.

12(3)Subsection (1) does not apply to a dealer licensed under the Motor Vehicle Act engaged in the business of acquiring off-road vehicles registrable under the Motor Vehicle Act for the purpose of selling such vehicles to the public.

2003, c.7, s.27

Application for dealer’s licence

13(1)Every application for a dealer’s licence shall be made on a form provided by the Registrar and shall specify

(a) the name and address of the applicant,

(b) where the applicant is a partnership, the name and address of each partner,

(c) where the applicant is a limited partnership under the Limited Partnership Act, the name and address of each general partner,

(d) where the applicant is a corporation, the names of the principal officers of the corporation,

(e) the location where the business for which the licence is required is to be conducted, and

(f) any other information required by the Registrar.

13(2)Every application for a dealer’s licence shall be accompanied by the fee prescribed by regulation and shall be verified by the oath or solemn affirmation of

(a) the applicant, if the applicant is an individual,

(b) a partner, if the applicant is a partnership,

(c) a general partner, if the applicant is a limited partnership under the Limited Partnership Act, or

(d) an officer of the corporation, if the applicant is a corporation.

13(3)Where an applicant for a dealer’s licence under this section is licensed as a dealer under the Motor Vehicle Act, he is not required to pay the fee referred to in subsection (2).

Issuance, renewal, cancellation of dealer’s licence, supplemental and special licence

14(1)The Registrar, upon receiving an application together with the prescribed fee and upon being satisfied that the applicant has complied with this Act and the regulations, may issue to the applicant a dealer’s licence valid to midnight of the thirty-first day of December next following the date of issuance which shall entitle the licensee to conduct the business of a dealer at a specified location or locations.

14(2)The Registrar, upon receiving an application together with the prescribed fee, may renew any licence issued under subsection (1).

14(3)The Registrar may, after written notice to a dealer, cancel the dealer’s licence if the dealer fails to maintain an adequate book-keeping system or the records required under section 15.

14(4)A dealer shall not change the location of a place of business unless he holds a supplemental licence for which he may apply by submitting a written application to the Registrar together with the fee prescribed by regulation.

14(5)A dealer shall not open a satellite place of business unless he holds a special licence for which he may apply by submitting a written application to the Registrar together with the fee prescribed by regulation.

Records of dealer

15(1)Every dealer shall maintain a record of every off-road vehicle that is bought, sold or exchanged by the dealer or that is received by the dealer for sale or exchange.

15(2)All records maintained under subsection (1) shall contain

(a) the name and address of any person from whom a vehicle was purchased or otherwise acquired and the date of such transaction,

(b) the name and address of any person to whom a vehicle was sold or otherwise disposed of and the date of such transaction, and

(c) a description of every such vehicle by name and identifying numbers sufficient to permit the accurate identification thereof.

15(3)A dealer shall make available for inspection by a peace officer all records maintained under subsection (1) at all times that the business of the dealer is open to the public.

2003, c.7, s.27

Prohibition regarding highway use

16Subject to the regulations and any municipal by-law enacted under section 37, no person shall operate an off-road vehicle within 7.5 metres of the travelled portion of a highway.

2003, c.7, s.27

Exception

16.1Notwithstanding section 16, a person may operate a motorized snow vehicle on a motorized snow vehicle managed trail, or an all-terrain vehicle on an all-terrain vehicle managed trail, within 7.5 metres of the travelled portion of a highway.

2003, c.7, s.13

Crossing of roadways

17Notwithstanding section 16, a person sixteen years of age or older may drive an off-road vehicle across any roadway, and a person fourteen years of age or older and under the age of sixteen years may drive an off-road vehicle across a roadway that is not an arterial or collector highway, if

(a) he brings the vehicle to a stop before entering upon the travelled portion of the roadway,

(b) Repealed: 2013, c.33, s.6

(c) he drives the vehicle directly across the roadway.

2003, c.7, s.14; 2007, c.42, s.2; 2013, c.33, s.6

Permitted use on highways

18(1)Notwithstanding section 16, a person of sixteen years of age or older may operate an off-road vehicle on a highway

(a) when it is not practical to operate a conventional motor vehicle on the highway due to weather or other conditions and as a result a state of emergency has been declared by the governmental authority having the jurisdiction to make such declaration,

(b) where such person is engaged in the erection, repair, maintenance or inspection of electric power or telecommunication wires or cables which have been or are being erected under, along or upon the highway, to the extent necessary for the purposes of such work, or

(c) where such person is engaged in the inspection, maintenance or repair of any facility or works of a telecommunication or electric power utility requiring access by the highway, to the extent necessary for the purpose of travelling to or from the location of such facility or works at any time when travel upon the highway is physically obstructed by snow or otherwise.

18(2)Notwithstanding section 16, a person may operate an off-road vehicle on a highway in connection with a special off-road vehicle event of limited duration conducted in accordance with a pre-arranged schedule pursuant to permission granted by the appropriate governmental authority.

2003, c.7, s.15, 27

Unloading of vehicle

19Notwithstanding section 16, a person of fourteen years of age or older may operate an off-road vehicle within 7.5 metres of the travelled portion of a highway if

(a) it is necessary to do so in the course of unloading the vehicle from a trailer or other conveyance which is parked on or near the travelled portion of the highway, and

(b) upon being unloaded, the vehicle is immediately moved to a point more than 7.5 metres from the travelled portion of the highway.

2003, c.7, s.27

Prohibition respecting persons under 16 years of age

19.1(1)Except as provided in this section and sections 19.2, 19.3 and 19.31, no person under the age of sixteen years shall drive an off-road vehicle and no owner or person in possession or control of an off-road vehicle shall permit a person under the age of sixteen years to drive the off-road vehicle.

19.1(2)An off-road vehicle, other than a motorized snow vehicle or an all-terrain vehicle, may be driven by a person who is fourteen years of age or older and under the age of sixteen years if

(a) the person is supervised and accompanied by and is at all times within the clear view of a person who is nineteen years of age or older, and

(b) the person is driving an off-road vehicle that is prescribed by the regulations as appropriate for a person of that age.

19.1(3)Where a person appears to be under sixteen years of age, the owner or person in possession or control of an off-road vehicle, other than a motorized snow vehicle or an all-terrain vehicle, shall demand satisfactory proof of age.

1990, c.7, s.1; 2003, c.7, s.27; 2007, c.42, s.3

Operation of motorized snow vehicle by young person

19.2(1)A motorized snow vehicle may be driven by a person who is fourteen years of age or older and under the age of sixteen years if

(a) the person has successfully completed a motorized snow vehicle safety training course approved by the Registrar,

(b) the person is driving a motorized snow vehicle that is prescribed by the regulations as appropriate for a person of that age, and

(c) the person is supervised and accompanied by and is at all times within the clear view of a person who

(i) is nineteen years of age or older, and

(ii) has successfully completed a motorized snow vehicle safety training course approved by the Registrar.

19.2(2)No owner or person in possession or control of a motorized snow vehicle shall permit a person who is fourteen years of age or older and under the age of sixteen years to drive the vehicle unless that person produces a document certifying that he or she has completed the safety training course referred to in paragraph (1)(a).

19.2(3)Where a person appears to be under the age of sixteen years and is unable to produce the document referred to in subsection (2), the owner or person in possession or control of a motorized snow vehicle shall demand satisfactory proof of age.

19.2(4)No person who supervises or accompanies a person under this section shall do so unless he or she

(a) is nineteen years of age or older,

(b) has successfully completed a motorized snow vehicle safety training course approved by the Registrar, and

(c) is carrying a document certifying that he or she has successfully completed the safety training course referred to in paragraph (b).

2003, c.7, s.16; 2007, c.42, s.4

Operation of all-terrain vehicle by young person

19.3(1)An all-terrain vehicle may be driven by a person who is fourteen years of age or older and under the age of sixteen years if

(a) the person has successfully completed an all-terrain vehicle safety training course approved by the Registrar,

(b) the person is driving an all-terrain vehicle that is prescribed by the regulations as appropriate for a person of that age, and

(c) the person is supervised and accompanied by and is at all times within the clear view of a person who

(i) is nineteen years of age or older, and

(ii) has successfully completed an all-terrain vehicle safety training course approved by the Registrar.

19.3(2)No owner or person in possession or control of an all-terrain vehicle shall permit a person who is fourteen years of age or older and under the age of sixteen years to drive the vehicle unless that person produces a document certifying that he or she has completed the safety training course referred to in paragraph (1)(a).

19.3(3)Where a person appears to be under the age of sixteen years and is unable to produce the document referred to in subsection (2), the owner or person in possession or control of an all-terrain vehicle shall demand satisfactory proof of age.

19.3(4)No person who supervises or accompanies a person under this section shall do so unless he or she

(a) is nineteen years of age or older,

(b) has successfully completed an all-terrain vehicle safety training course approved by the Registrar, and

(c) is carrying a document certifying that he or she has successfully completed the safety training course referred to in paragraph (b).

2003, c.7, s.16; 2007, c.42, s.5

Operation of off-road vehicle on a closed course by young person

19.31Subject to the conditions prescribed by regulation, an off-road vehicle may be driven on a closed course by a person who is under the age of sixteen years if the closed course is operated by an organization accredited by the Registrar.

2007, c.42, s.6

19.4(1)Where it appears that the proof of age provided under subsection 19.1(3), 19.2(3) or 19.3(3) has been altered in any way, the person who demanded the proof of age shall not accept it as satisfactory.

19.4(2)In a prosecution under section 19.2 or 19.3, the judge shall determine from the appearance of the person under sixteen years of age whether he or she appears to be under sixteen years of age.

2003, c.7, s.16; 2007, c.42, s.7

Operator’s duty of care

20A person shall not operate an off-road vehicle in a careless, reckless or negligent manner or in a manner likely to cause damage or injury to other persons, to property or to the environment.

2003, c.7, s.27; 2007, c.53, s.4

Prohibition when suspended for impaired driving

20.1No person shall drive an off-road vehicle if the person has his or her driving privilege suspended under the Motor Vehicle Act as a result of a conviction for an offence under section 253 or 254 of the Criminal Code (Canada).

2013, c.33, s.7

Helmet requirement

21No person shall drive an off-road vehicle or be an occupant of such a vehicle unless he is properly wearing a helmet that complies with the standards prescribed by the regulations under the Motor Vehicle Act.

2003, c.7, s.27

Equipment requirements

22(1)No person shall drive an off-road vehicle unless it is outfitted with the equipment required under this section and such equipment is in good working order.

22(2)An off-road vehicle is required to have at least

(a) one white head lamp mounted on the front of the vehicle,

(b) one red tail lamp mounted on the rear of the vehicle,

(b.1) one red stop lamp mounted on the rear of the vehicle,

(b.2) one rear-view mirror mounted on the left side of the vehicle, and

(b.3) turn signal lights located at the rear of the vehicle, if the vehicle was equipped with turn signal lights at the time it was manufactured, and

(c) one amber side lamp or amber reflector, or reflectorized material of at least one hundred square centimetres in area, mounted on each side of the vehicle.

22(3)A head lamp required under this section must be of sufficient intensity to illuminate objects under night time conditions at a distance of thirty metres.

22(4)A tail lamp, side lamp, reflector or reflectorized material required under this section must be visible under night time conditions at a distance of one hundred metres.

22(5)Repealed: 2013, c.33, s.8

2003, c.7, s.27; 2013, c.33, s.8

Noise prohibition

23No person shall drive an off-road vehicle if

(a) it is not equipped with a muffler and exhaust system in continuous operation and in good working order that comply with the manufacturer’s original specifications or, if the muffler or exhaust system was replaced, that complies with the equivalent manufacturer’s specifications of the replacement muffler or exhaust system,

(b) it is equipped with a muffler cut-out or by-pass, or a similar device, or

(c) it is causing excessive or unusual noise.

2003, c.7, s.27; 2013, c.33, s.9

Powers of peace officer

24(1)A peace officer may make a request or a signal, as the case may be, to the operator of an off-road vehicle

(a) to stop,

(b) to give the operator’s name and address,

(c) to produce the original or a photocopy of the registration certificate for the vehicle,

(c.01) if the vehicle is other than a motorized snow vehicle or an all-terrain vehicle and is being operated by a person who appears to be under the age of sixteen years, to produce satisfactory proof of age,

(c.1) if the vehicle is a motorized snow vehicle or an all-terrain vehicle being operated by a person under sixteen years of age, to produce the document certifying that the operator successfully completed the safety training course referred to in paragraph 19.2(1)(a) or 19.3(1)(a), as the case may be,

(c.2) if the vehicle is a motorized snow vehicle or an all-terrain vehicle being operated by a person who appears to be under sixteen years of age, and unable to produce the document referred to in subsection 19.2(2) or 19.3(2), as the case may be, to produce satisfactory proof of age,

(c.3) to a person who is supervising or accompanying, or purporting to supervise or accompany, another person pursuant to section 19.2 or 19.3, to produce the document certifying that he or she has successfully completed the approved safety training course referred to in subsection 19.2(4) or 19.3(4),

(d) to make the off-road vehicle, any equipment or device in, on, attached to or towed by the off-road vehicle and any helmet or other equipment worn by the operator or occupant available to the peace officer for inspection,

(e) if the vehicle is a motorized snow vehicle to which paragraph 3(1)(c) applies or an all-terrain vehicle to which paragraph 3(1)(d) applies, to produce a valid motor vehicle liability card issued by an insurer in respect of the vehicle,

(e.1) to produce for the purposes of section 20.1 the driver’s licence of the operator, as defined in the Motor Vehicle Act, if a holder of such a licence,

(f) if the vehicle is a motorized snow vehicle to which subsection 7.1(1) applies and it is being operated on a motorized snow vehicle managed trail, to show the peace officer the motorized snow vehicle trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection, and

(g) if the vehicle is an all-terrain vehicle to which subsection 7.7(1) applies and it is being operated on an all-terrain vehicle managed trail, to show the peace officer the all-terrain vehicle trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection.

24(2)Every operator of an off-road vehicle shall immediately comply with any request or signal made by a peace officer under subsection (1).

24(3)Every peace officer may, without being liable for trespass, enter and stop upon and pass through private land or municipal land whenever necessary for the proper performance of the peace officer’s duties under this Act.

1986, c.9, s.2; 1997, c.36, s.2; 2000, c.50, s.6; 2003, c.7, s.17, 27; 2007, c.42, s.8; 2007, c.53, s.5; 2013, c.33, s.10

Seizure and impoundment of off-road vehicles

24.01(1)A peace officer may seize an off-road vehicle and cause it to be impounded if the operator of an off-road vehicle that is required to be insured under this Act is unable to produce a valid motor vehicle liability card issued by an insurer in respect of the off-road vehicle.

24.01(2)A peace officer may seize an off-road vehicle and cause it to be impounded if the officer has reason to believe that the operator of the vehicle is operating or has operated it in violation of section 19.1, 19.2, 19.3 or 20.

24.01(3)A peace officer may seize an off-road vehicle and cause it to be impounded if he has reason to believe that the operator of the vehicle is operating or has operated in violation of section 19.31.

24.01(4)An off-road vehicle that has been impounded under this section shall be turned over to the custody of the Registrar without delay.

2007, c.53, s.6; 2008, c.29, s.6

Release of impounded vehicle

24.02(1)The owner of an off-road vehicle that has been impounded under section 24.01 may apply to the Registrar during normal business hours any day after the day of impoundment to have the off-road vehicle released.

24.02(2)The Registrar shall release an off-road vehicle that has been impounded if

(a) he or she is satisfied that the person applying for the release is the owner of the vehicle or has been authorized to act on behalf of the owner,

(b) the requirements of this Act relating to the operation of the vehicle have been met to the satisfaction of the Registrar, and

(c) all costs associated with the impoundment of the off-road vehicle have been paid.

2007, c.53, s.6; 2008, c.29, s.6

Service of appearance notices

24.1Notwithstanding anything in the Provincial Offences Procedure Act or any other Act, for the purposes of the Provincial Offences Procedure Act, conservation officers appointed under the Fish and Wildlife Act are authorized persons who may serve appearance notices before an information is laid in respect of an offence under this Act.

2000, c.50, s.7; 2004, c.12, s.50

Accidents

25(1)An operator of an off-road vehicle who is directly or indirectly involved in an accident with a pedestrian, cyclist or occupied motor vehicle, shall

(a) render all reasonable assistance, and

(b) if requested, produce to any person sustaining property damage or personal injury, any peace officer or any witness

(i) the operator’s name and address, in writing,

(ii) the name and address of the owner of the vehicle, in writing,

(iii) the original or a photocopy of the registration certificate for the vehicle,

(iv) if the vehicle is a motorized snow vehicle to which paragraph 3(1)(c) applies or an all-terrain vehicle to which paragraph 3(1)(d) applies, a valid motor vehicle liability insurance card issued by an insurer in respect of the vehicle,

(v) if the vehicle is a motorized snow vehicle to which subsection 7.1(1) applies and it is being operated on a motorized snow vehicle managed trail, the motorized snow vehicle trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection, and

(vi) if the vehicle is an all-terrain vehicle to which subsection 7.7(1) applies and it is being operated on an all-terrain vehicle managed trail, the all-terrain vehicle trail permit displayed, or attached to the ignition key inserted in the ignition, as the case may be, in conformity with that subsection.

25(2)Where the operator of an off-road vehicle is involved in an accident other than as described in subsection (1) which results in damage to any property, he shall take all reasonable steps to notify the owner or person in charge of the property of such damage, of the operator’s name and address, and of the registration number of the vehicle.

1986, c.9, s.3; 1997, c.36, s.3; 2000, c.50, s.8; 2003, c.7, s.18, 27

Idem

26(1)Subject to subsections (2) and (4), where the operator of an off-road vehicle is involved in an accident resulting in injury to or the death of any person, he shall

(a) immediately give notice of such accident, his name and address, and the name and address of the owner of the vehicle to the local police department, if such accident occurred within the limits of a municipality or region as defined in the Police Act, or, if it did not, to the nearest office of the Royal Canadian Mounted Police or to the nearest available peace officer, and

(b) upon the request of a peace officer, make an accident report on a form provided by the Registrar, either by completing the form himself or by verbally providing the peace officer with the information required therein.

26(2)Where the operator of an off-road vehicle is incapable of fulfilling the requirements imposed by subsection (1) and there is an occupant of the vehicle capable of fulfilling such requirements, the occupant shall fulfill the requirements.

26(3)Where the owner of an off-road vehicle referred to in subsection (1) was neither the operator nor an occupant of the vehicle at the time of the accident, and no accident report has been made under subsection (1) or (2), the owner shall make the report immediately upon learning of the accident.

26(4)Where the owner of an off-road vehicle is the only person being transported by the vehicle at the time of an accident described in subsection (1), and he is incapable of immediately making the report required under subsection (1), he shall make the report as soon as he is capable of making it.

1995, c.9, s.1; 2003, c.7, s.27

Duty of peace officer regarding accident

27A peace officer who has witnessed or has investigated an accident involving an off-road vehicle and resulting in injury to or the death of any person shall immediately forward to the Registrar a written report on a form provided by the Registrar setting forth full particulars of the accident, including the names and addresses of the persons involved and the extent of the personal injuries and property damage incurred.

1995, c.9, s.2; 2003, c.7, s.27

Duty of owner regarding violation of Act

28Where a violation of this Act is alleged to have been committed in respect of the operation of an off-road vehicle, the owner of the vehicle shall, upon the request of the Registrar or a peace officer, provide within twenty-four hours of such request the name and address of the person who was operating the vehicle at the time of the alleged violation unless the owner can establish that the vehicle was being operated at such time without his consent by a person unknown to him.

2003, c.7, s.27

Offence

29(1)Any person who violates or fails to comply with a provision of the regulations commits an offence.

29(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

29(3)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

1990, c.61, s.4

Vehicle as security, forfeiture, sale, interest in vehicle

30(1)Repealed: 1990, c.22, s.2

30(2)Where a person has been arrested under section 119 of the Provincial Offences Procedure Act for an offence under this Act and is brought before a judge under section 125 of the Provincial Offences Procedure Act, the judge may, when proceeding under subsection 128(3) of the Provincial Offences Procedure Act accept the deposit of the off-road vehicle involved in the alleged offence as security.

30(3)If a defendant fails to appear at the time and place fixed by the judge under subsection (2), the surrendered vehicle shall be forfeited to Her Majesty the Queen in right of the Province.

30(4)Where a vehicle is forfeited to Her Majesty under subsection (3), the Registrar, after the expiry of sixty days from the date of such forfeiture, may arrange for the sale of the vehicle, by auction or otherwise.

30(5)Where any person, other than the defendant, claims to own or to have a partial interest in a vehicle forfeited to Her Majesty under subsection (3), such person may apply to The Court of Queen’s Bench of New Brunswick for an order declaring

(a) that such person is the owner of the vehicle, or

(b) that such person holds a partial interest in the vehicle, and the extent of such interest,

and that such person was not involved in the alleged violation.

30(6)Where a person who has obtained an order under subsection (5) presents the order to the Registrar, the Registrar shall,

(a) where the person has been declared the owner of the vehicle,

(i) if the vehicle has not been sold under subsection (4), restore the vehicle to the owner, or

(ii) if the vehicle has been sold, deliver the proceeds of the sale to the owner, less any costs incurred in conducting the sale, or

(b) where the person has been declared to hold a partial interest in the vehicle, proceed with a sale under subsection (4) and deliver to the person that percentage of the proceeds of the sale equivalent to the extent of the person’s interest in the vehicle, less a like percentage of the costs of the sale.

1990, c.22, s.2; 2003, c.7, s.27

Repealed

31Repealed: 1990, c.22, s.2

1990, c.22, s.2

Suspension of registration on conviction respecting insurance

31.1If the owner of a motorized snow vehicle is convicted of an offence under paragraph 3(1)(c) or for failure to produce a valid motor vehicle liability insurance card as required under paragraph 24(1)(e) and subsection 24(2), or under subparagraph 25(1)(b)(iv), the Registrar may suspend the registration of the vehicle until the owner produces evidence satisfactory to the Registrar that the vehicle is covered by the required insurance policy.

1997, c.36, s.4; 2003, c.7, s.19

Idem

31.2If the owner of an all-terrain vehicle is convicted of an offence under paragraph 3(1)(d) or for failure to produce a valid motor vehicle liability insurance card as required under paragraph 24(1)(e) and subsection 24(2), or under subparagraph 25(1)(b)(iv), the Registrar may suspend the registration of the vehicle until the owner produces evidence satisfactory to the Registrar that the vehicle is covered by the required insurance policy.

2003, c.7, s.20

Repealed

32Repealed: 1986, c.9, s.4

1986, c.9, s.4

Suspension of registration after fatal accident

33Where any person suffers bodily injury or death as a result of an accident in which an off-road vehicle is directly or indirectly involved, the Registrar, upon receipt of a report by a peace officer concerning such accident, may suspend the registration of such vehicle for such period as he sees fit.

2003, c.7, s.27

Suspension of registration

34The Registrar may suspend the registration of an off-road vehicle if he is satisfied that

(a) the vehicle was registered in error, or that the registration certificate, number plate or decal thereof was issued in error,

(b) any fee required under this Act has not been paid despite reasonable notice and demand for such payment, or

(c) a registration certificate has knowingly been produced or a number plate or decal knowingly displayed in respect of a vehicle other than the one for which it was issued.

2003, c.7, s.27

Duty of owner on suspension of registration or expiry or cancellation of insurance policy

35The owner of an off-road vehicle shall immediately forward to the Registrar the registration certificate and number plate or decal issued in respect of the vehicle if

(a) the registration of the vehicle has been suspended, or

(b) the vehicle is a motorized snow vehicle to which paragraph 3(1)(c) applies or an all-terrain vehicle to which paragraph 3(1)(d) applies, the motor vehicle liability insurance policy required under paragraph 3(1)(c) or (d), as the case may be, has expired or been cancelled.

1986, c.9, s.5; 1997, c.36, s.5; 2003, c.7, s.21

Duty of judge or clerk on conviction

36Within ten days after a person is convicted of an offence under this Act, the judge or clerk of the court in which such conviction was obtained shall prepare and forward to the Registrar an abstract of the record of the court in respect of the conviction, which abstract shall be certified to be accurate by the person preparing it.

Municipal by-laws

37(1)A municipality may enact by-laws, subject to the approval of the Minister,

(a) designating highways or parts thereof along or across which off-road vehicles may be driven;

(b) regulating or prohibiting the use of off-road vehicles.

37(2)A municipality may enforce by-laws enacted under subsection (1) by the imposition of penalties not exceeding one hundred dollars for each offence.

2003, c.7, s.22

Regulations

38The Lieutenant-Governor in Council may make regulations

(a) respecting the use or incorporation of any equipment or device in or on off-road vehicles and the specifications thereof;

(b) designating a highway or any part of a highway along or across which off-road vehicles may be driven;

(c) prescribing rules in respect of the operation of off-road vehicles upon a highway or other place;

(d) exempting certain types of vehicles from the application of this Act;

(d.1) prescribing any duty or power of the motorized snow vehicle trail manager for the purposes of subsection 7.2(3) and establishing whether or not the Minister of Tourism, Heritage and Culture may, in an agreement made under that subsection, authorize the motorized snow vehicle trail manager to subdelegate that duty or power to another person or association;

(d.11) prescribing persons or bodies or classes of persons or bodies for the purposes of subsection 7.5(2);

(d.2) prescribing any duty or power of the all-terrain vehicle trail manager for the purposes of subsection 7.8(3) and establishing whether or not the Minister of Energy and Resource Development may, in an agreement made under that subsection, authorize the all-terrain vehicle trail manager to subdelegate that duty or power to another person or association;

(d.3) prescribing persons or bodies or classes of persons or bodies for the purposes of subsection 7.92(2);

(e) respecting forms necessary for the administration of this Act;

(f) prescribing fees payable under this Act;

(f.1) prescribing the specifications or characteristics of an off-road vehicle, or any class of off-road vehicles, that may be driven by a person who is fourteen years of age and older and under the age of sixteen years, having regard to the person’s height, weight or any other characteristic;

(f.2) defining “closed course”;

(f.3) prescribing the conditions to be met whereby a person under the age of sixteen years may drive an off-road vehicle, or a class of off-road vehicle, on a closed course;

(f.4) establishing classes of closed courses, and establishing or adopting standards for the designing and maintaining of closed courses;

(f.5) providing for the accreditation and requirements for accreditation of organizations that wish to design and operate closed courses, and the revocation of such accreditation;

(f.6) respecting applications for accreditation and the information to be provided upon application;

(f.7) respecting terms and conditions to which an accreditation may be made subject, and the eligibility requirements to be met before accreditation may be granted;

(f.8) respecting the inspection of closed courses;

(g) generally respecting the operation of off-road vehicles within the Province.

2000, c.50, s.9; 2003, c.7, s.23; 2004, c.20, s.42; 2007, c.42, s.9; 2009, c.59, s.3; 2012, c.39, s.104; 2012, c.52, s.37; 2016, c.37, s.127

Fees

39Subject to subsections 7.2(4), 7.8(4) and 39.2(4), all fees paid under this Act are part of the revenue of the Province and shall be paid into the Consolidated Fund.

2003, c.7, s.24

Establishment of Trail Management Trust Fund

39.1There is hereby established a fund to be known as the Trail Management Trust Fund.

2003, c.7, s.25

Trail Management Trust Fund

39.2(1)The Minister of Energy and Resource Development shall be the custodian and trustee of the Fund.

39.2(2)The Fund shall be a separate account in the Consolidated Fund.

39.2(3)All interest arising from the Fund shall be paid into and form part of the Fund.

39.2(4)The following shall be paid into the Fund:

(a) $25 of the fee prescribed by regulation for the registration of a motorized snow vehicle;

(b) $25 of the fee prescribed by regulation for the registration of an all-terrain vehicle;

(c) subject to subsection (5), money acquired by gift, donation, bequest or contribution.

39.2(5)No money derived from a gift, donation, bequest or contribution shall be paid into the Fund if any term or condition imposed on the gift, donation, bequest or contribution by the person making the gift, donation, bequest or contribution is inconsistent with the purposes set out in section 39.3.

39.2(6)The use of all money derived from a gift, donation, bequest or contribution and paid into the Fund is subject to any term or condition imposed by the person making the gift, donation, bequest or contribution.

2003, c.7, s.25; 2004, c.20, s.42; 2007, c.72, s.1; 2016, c.37, s.127

Trail Management Trust Fund

39.3The Minister of Energy and Resource Development may make payments out of the Fund for the following purposes:

(a) the development and maintenance of motorized snow vehicle managed trails or all-terrain vehicle managed trails, or both;

(b) the purchase, rental and maintenance of equipment for the development and maintenance of motorized snow vehicle managed trails or all-terrain vehicle managed trails, or both;

(c) the infrastructure of motorized snow vehicle managed trails or all-terrain vehicle managed trails, or both;

(d) the signage on motorized snow vehicle managed trails or all-terrain vehicle managed trails, or both;

(e) the provision of educational and prevention initiatives relative to safe driving practices of motorized snow vehicles or all-terrain vehicles, or both;

(f) the provision of educational and prevention initiatives relative to the impact of motorized snow vehicles or all-terrain vehicles on the environment, or both;

(g) the provision of operating grants to the motorized snow vehicle trail manager or the all-terrain vehicle trail manager, or both; and

(h) the enforcement of this Act.

(i) Repealed: 2016, c.28, s.90

2003, c.7, s.25; 2004, c.20, s.42; 2016, c.28, s.90; 2016, c.37, s.127

Trail Management Trust Fund

39.31The Minister of Energy and Resource Development may at any time seek the advice and recommendations from a person, organization or body with respect to payments out of the Fund for any of the purposes set out in section 39.3.

2016, c.28, s.91; 2016, c.37, s.127

Repealed

39.4Repealed: 2016, c.28, s.92

2003, c.7, s.25; 2004, c.20, s.42; 2006, c.16, s.129; 2012, c.39, s.104; 2012, c.52, s.37; 2013, c.33, s.11; 2016, c.28, s.92

Repealed

39.5Repealed: 2016, c.28, s.93

2003, c.7, s.25; 2004, c.20, s.42; 2016, c.28, s.93

Repealed

39.6Repealed: 2016, c.28, s.94

2003, c.7, s.25; 2004, c.20, s.42; 2016, c.28, s.94

Repealed

39.7Repealed: 2016, c.28, s.95

2003, c.7, s.25; 2016, c.28, s.95

Repealed

39.8Repealed: 2016, c.28, s.96

2003, c.7, s.25; 2016, c.28, s.96

Repealed

39.9Repealed: 2016, c.28, s.97

2003, c.7, s.25; 2016, c.28, s.97

Application of Motor Vehicle Act

40The Motor Vehicle Act does not apply to off-road vehicles or the operation thereof except where specifically provided for in this Act.

2003, c.7, s.26

Municipalities Act

41Paragraph 11(1)(m) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is repealed.

Trespass Act

42The Trespass Act, chapter T-11.2 of the Acts of New Brunswick, 1983, is amended

(a) by striking out the words “a motorized snow vehicle as defined in the Motorized Snow Vehicle Act,” where they appear in the definition “motor vehicle” in section 1 thereof and substituting therefor the words “an all-terrain vehicle as defined in the All-Terrain Vehicle Act,”;

(b) by striking out the words “Motorized Snow Vehicle Act” where they appear in subsection 4(3) thereof and substituting therefor the words “All-Terrain Vehicle Act”.

Motorized Snow Vehicles Act

43The Motorized Snow Vehicles Act, chapter M-18 of the Revised Statutes, 1973, is repealed.

Commencement

44This Act or any provision thereof comes into force on a day to be fixed by proclamation.

SCHEDULE A

Column I Section		Column II Category Of Offence
Column I Section		Column II Category Of Offence

	3(1)(a)..............		C
	3(1)(b)..............		B
	3(1)(c)..............		H
	3(1)(d)..............		H
	3.1..............		B
	4(1)..............		C
	4(2)..............		B
	6..............		B
	7.1(1)..............		B
	7.1(3)..............		B
	7.3(3)..............		E
	7.3(4)..............		E
	7.7(1)..............		B
	7.9(3)..............		E
	7.9(4)..............		E
	9(1)..............		E
	9(2)..............		F
	9(3)..............		F
	11..............		F
	12(1)..............		E
	12(2)..............		E
	14(4)..............		C
	14(5)..............		C
	15(1)..............		C
	15(2)..............		C
	15(3)..............		C
	16..............		E
	19.1..............		E
	19.2(2)..............		E
	19.2(4)..............		E
	19.3(2)..............		E
	19.3(4)..............		E
	20..............		F
	20.1..............		H
	21..............		C
	22..............		C
	23..............		C
	24(2)..............		F
	25(1)..............		E
	25(2)..............		C
	26(1)..............		F
	26(2)..............		C
	26(3)..............		C
	26(4)..............		C
	28..............		E
	29(1)..............		B
	35(a)..............		C
	35(b)..............		C

1990, c.61, s.4; 1997, c.36, s.6; 2000, c.50, s.10; 2003, c.7, s.28; 2007, c.42, s.10; 2007, c.53, s.7; 2013, c.33, s.12

N.B. Sections 1, 2, 3(2), 4-15, 34, 35, 38-41 and 43 of this Act were proclaimed and came into force January 1, 1986.

N.B. Sections 3(1), 3(3), 3(4), 16-33, 36, 37 and 42 of this Act were proclaimed and came into force June 1, 1986.

N.B. This Act is consolidated to March 29, 2019.

O-1.5 - Off-Road Vehicle Act

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